Obligations of the mandatary after the homologation of the protection mandate

Periodic rendering of account

As mandatary, you need to present a detailed account of the management of the affairs of the mandator. This is called a “rendering of account.”

The frequency of this rendering of account is set out in the protection mandate (e.g., every year, every other year, etc.).

There are several ways to render an account, but as a general rule, you need to prepare an account and attach all the required supporting documents (e.g., invoices, bank account statements, etc.).

Normally, the account must include:

• The person’s statement of assets
• The person’s statement of liabilities
• A list of the income that had been generated for the person during the period covered by the rendering of account
• The list of expenses paid out of the person’s funds during the period covered by the rendering of account

You need to then provide this account to the person designated to receive the rendering of account. (To find out who this is, check the protection mandate or the judgment homologating it.)

Please note that you can be reimbursed for most of the expenses incurred to perform this task from the funds of the mandator.

Did the mandator sign his or her mandate before November 1, 2021?

Unless the protection mandate expressly states that a rendering of accounts must be done, this obligation does not apply to you.

Find a replacement if you no longer wish to be a mandatary

If the role of a mandatary no longer suits you, you have the right to renounce the mandate. However, you need to first find a replacement.

If the protection mandate provides for a replacement mandatary, you need to ensure that this person is ready to take over the mandate and has taken steps to do so, for example, this person has given notice of his or her taking of office to the Public Curator.

If no replacement mandatary is designated in the protection mandate or if the replacement mandatary refuses the role, you have to apply to the court for the institution of tutorship.

Inform the Public Curator if the mandator dies

If the mandator dies while you’re still their mandatary, you need to inform the Public Curator.

Curateur public contact details (Gouvernement du Québec)

Render a final account at the end of your mandate

Several events can terminate your role as mandatary, for example, the death of the mandator or the institution of tutorship to replace the protection mandate.

If either of these situations occurs, you need to produce a final rendering of account.

The procedure is similar to that for other rendering of accounts (See the section “Periodic rendering of account”), except that the account must be given to the heirs rather than to the person designated in the protection mandate.

The mandate can assign other duties

Since protection mandates differ from one to the other, it is possible that the protection mandate prepared by the mandator assigns other duties to you. Check the protection mandate to see if this is the case.

The mandator may have included the obligation to ensure that he or she is subject to periodic medical or psychosocial assessment.

What consequences will arise if you don’t fulfill your obligations?

If you don’t fulfill your obligations as mandatary, the consequences will depend on the situation, for example:

• The Public Curator may ask you to make certain promises to ensure you perform your obligations.
• The Public Curator or another person may ask the court to revoke your mandate and appoint a replacement.
• The Public Curator or another person may ask the court to terminate the protection mandate of the mandator; the Public Curator is said to have “revoked” it.
• You may have to pay damages to the mandator or to other individuals.